[Federal Register Volume 84, Number 132 (Wednesday, July 10, 2019)]
[Notices]
[Pages 32870-32871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14688]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-847]
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From
Mexico: Amended Final Results of Antidumping Duty Administrative
Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is amending the final
results of the administrative review of the antidumping duty (AD) order
on heavy walled rectangular welded carbon steel pipes and tubes (HWR)
from Mexico to correct a ministerial error.
DATES: Applicable July 10, 2019.
FOR FURTHER INFORMATION CONTACT: David Crespo or Jacob Garten, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3693 or (202) 482-3342,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 28, 2019, Commerce issued the final results of the first
administrative review of the AD order on HWR from Mexico.\1\ Also on
this date, Atlas Tube, a division of Zekelman Industries, and Searing
Industries (collectively, the domestic producers), submitted comments
alleging a ministerial error in Commerce's Final Results.\2\
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\1\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from Mexico: Final Results of Antidumping Duty Administrative
Review and Final Determination of No Shipments; 2016-2017, 84 FR
24473 (May 28, 2019) (Final Results).
\2\ See Domestic Producers' letter, ``Heavy Walled Rectangular
Welded Carbon Steel Pipes and Tubes from Mexico: Ministerial Error
Comments,'' dated May 28, 2019.
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Legal Framework
A ministerial error, as defined in section 751(h) of the Tariff Act
of 1930, as amended (the Act), includes ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other type
of unintentional error which the administering authority considers
ministerial.'' \3\ With respect to final results of administrative
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any
comments received and, if appropriate, correct any ministerial error by
amending . . . the final results of review. . . .''
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\3\ See 19 CFR 351.224(f).
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Ministerial Errors
Commerce committed an inadvertent error within the meaning of
section 735(e) of the Act and 19 CFR 351.224(f) \4\ with respect to the
cash deposit rate assigned to the companies not selected for individual
examination. In the Final Results, we stated our intention to base this
calculation on the average of the margins calculated for Maquilacero
S.A. de C.V. (Maquilacero) and Productos Laminados de Monterrey S.A. de
C.V. (Prolamsa), weighted by their publicly-ranged sales quantities.\5\
However, we did not rely on Prolamsa's most recently-submitted
publicly-ranged sales quantity. Accordingly, we have determined, in
accordance with section 751(h) of the Act and 19 CFR 351.224(f), that
an unintentional ministerial error was made in the Final Results.
Pursuant to 19 CFR 351.224(e), Commerce is amending the Final Results
to reflect the correction of this ministerial error. Specifically, we
have now revised the calculation to include Prolamsa's correct U.S.
quantity.\6\ This correction changes the cash deposit rate for the non-
individually-examined companies from 5.88 percent to 6.13 percent.\7\
For a detailed discussion of this ministerial error, as well as
Commerce's analysis, see Ministerial Error Memorandum.\8\
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\4\ Id.
\5\ See Memorandum, ``Calculation of the Cash Deposit Rate for
Non-Reviewed Companies,'' dated May 20, 2019 (Final Results Average
Rate Memo); and Final Results, 84 FR at 24474.
\6\ See Final Results Average Rate Memo.
\7\ See Memorandum, ``Amended Calculation of the Cash Deposit
Rate for Non-Reviewed Companies,'' dated concurrently with this
notice (Amended Final Results Review-Specific Average Rate Memo).
\8\ See Memorandum, ``Antidumping Duty Administrative Review of
Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from
Mexico; 2016-2017: Ministerial Error Memorandum,'' dated
concurrently with this notice (Ministerial Error Memorandum).
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Amended Final Results of the Review
We are assigning the following weighted-average dumping margins to
the firms listed below for the period March 1, 2016 through August 31,
2017:
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\9\ We note that Maquilacero's and Prolamsa's margins remain
unchanged from the Final Results.
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Weighted-
average
dumping
Exporter/producer margin
(percent)
\9\
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Maquilacero S.A. de C.V..................................... 1.43
Productos Laminados de Monterrey S.A. de C.V................ 8.09
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Review-Specific Average Rate Applicable to the Following Companies:
\10\
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\10\ See Amended Final Results Review-Specific Average Rate
Memo. This rate is based on the rates for the respondents that were
selected for individual review, excluding rates that are zero, de
minimis, or based entirely on facts available. See section
735(c)(5)(A) of the Act.
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Arco Metal S.A. de C.V...................................... 6.13
Forza Steel S.A. de C.V..................................... 6.13
Industrias Monterrey, S.A. de C.V........................... 6.13
Perfiles y Herrajes LM S.A. de C.V.......................... 6.13
PYTCO S.A. de C.V........................................... 6.13
Regiomontana de Perfiles y Tubos S.A. de C.V................ 6.13
Ternium S.A. de C.V......................................... 6.13
Tuberia Nacional S.A. de C.V................................ (*)
Tuberia Procarsa S.A. de C.V................................ 6.13
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* No shipments or sales subject to this review.
[[Page 32871]]
Disclosure
We intend to disclose the calculation performed for these amended
final results in accordance with 19 CFR 351.224(b).
Antidumping Duty Assessment
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the amended final
results of this review.
Pursuant to 19 CFR 351.212(b)(1), where Maquilacero and Prolamsa
reported the entered value of their U.S. sales, we calculated importer-
specific ad valorem duty assessment rates based on the ratio of the
total amount of dumping calculated for the examined sales to the total
entered value of the sales for which entered value was reported. Where
the respondents did not report entered value, we calculated the entered
value in order to calculate the assessment rate. Where either the
respondent's weighted-average dumping margin is zero or de minimis
within the meaning of 19 CFR 351.106(c)(1), or an importer-specific
rate is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties. In addition,
for entries of subject merchandise during the period of review (POR)
produced by Maquilacero or Prolamsa for which the respondent did not
know its merchandise was destined for the United States, we will
instruct CBP to liquidate unreviewed entries at the all-others rate if
there is no rate for the intermediate company or companies involved in
the transaction. The all-others rate is 4.91 percent.\11\ We will also
instruct CBP to take into account the ``provisional measures cap'' in
accordance with 19 CFR 351.212(d).
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\11\ See Heavy Walled Rectangular Welded Carbon Steel Pipes and
Tubes from the Republic of Korea, Mexico, and the Republic of
Turkey: Antidumping Duty Orders, 81 FR 62865, 62866 (September 13,
2016) (AD Orders). We note that the Final Results contained an
incorrect all-others rate.
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For the companies which were not selected for individual review, we
will assign an assessment rate based on the average \12\ of the cash
deposit rates calculated for Maquilacero and Prolamsa. The amended
final results of this review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the amended
final results of this review and for future deposits of estimated
duties, where applicable.\13\
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\12\ This rate was calculated as discussed in footnote 10,
above.
\13\ See section 751(a)(2)(C) of the Act.
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We intend to issue liquidation instructions to CBP 41 days after
publication of the final results of this administrative review.
Cash Deposit Requirements
The following cash deposit requirements will be effective
retroactively, as appropriate, for all shipments of subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
May 28, 2019, the date of publication of the Final Results of this
administrative review, as provided for by section 751(a)(2)(C) of the
Act: (1) The cash deposit rate for each specific company listed above
will be that established in the amended final results, except if the
rate is less than 0.50 percent and, therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate
will be zero; (2) for previously reviewed or investigated companies,
including those for which Commerce may have determined they had no
shipments during the POR, the cash deposit rate will continue to be the
company-specific rate published for the most recently completed segment
of this proceeding; (3) if the exporter is not a firm covered in this
review or another completed segment of this proceeding, but the
manufacturer is, then the cash deposit rate will be the rate
established for the most recently completed segment of this proceeding
for the manufacturer of the merchandise; and (4) if neither the
exporter nor the manufacturer is a firm covered in this or any
previously completed segment of this proceeding, then the cash deposit
rate will be the all-others rate of 4.91 percent established in the
less-than-fair-value investigation.\14\ These deposit requirements,
when imposed, shall remain in effect until further notice.
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\14\ See AD Orders.
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Order
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
These amended final results and notice are issued and published in
accordance with sections 751(h) and 777(i) of the Act and 19 CFR
351.224(e).
Dated: July 1, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-14688 Filed 7-9-19; 8:45 am]
BILLING CODE 3510-DS-P